HomeMy WebLinkAboutSP202100001 Approval - County 2021-07-09Virginia Department of Environmental Quality
Small Renewable Energy Projects (Solar)
Local Governing Body Certification Form
Facility Name and Location: Midway Solar Center
[37.9851170555198,-78.74020032558127]
Applicant's Name: Midway Solar, LLC
Applicant's Mailing Address:
Telephone Number and Email Address:
Midway Solar, LLC
C/O Bobby Jocz
540-229-1116
107 5th Street SE
Bobby.Jocz@suntribedevelopment.com
Charlottesville, VA 22902
The applicant or his representative is submitting an application for a small renewable energy
permit by rule from the Virginia Department of Environmental Quality. In accordance with § 10.1 -
1197.6 B 2 of the Code of Virginia, before such permit application can be considered complete,
the applicant must obtain a certification from the governing body of the locality or localities in
which the small renewable energy project will be located that the project complies with all
applicable land use ordinances.
The undersigned requests that a responsible official of the local governing body sign the
certification statement below. In addition, by signing below, the applicant affirms that he
has also submitted this form to other localities, if any, in which the proposed project will
be located. Af
Applicant's signature: IDate:
6/25/2021
The undersigned local government representative certifies that the proposed small
renewable energy project complies with all applicable land use ordinances, as follows:
(Check one block)
X1The proposed facility complies with all applicable land use ordinances.
The proposed facility does not comply with all applicable land use ordinances.
Signature of authorized local government
Date:
representative:
A lov-
Type or print name:
Title:
County, City or Town:
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Solar PBR Guidance — Forms — 7/1/2017 Page 23 of 27
Attachment to Section 11 Methodology
RESOLUTION TO APPROVE
SP202100001 MIDWAY SOLAR
WHEREAS, upon consideration of the staff report prepared for SP 202100001 Midway Solar and the
attachments thereto, including staffs supporting analysis, the information presented at the public hearing,
any comments received, and all of the factors relevant to the special use permit in Albemarle County
Code §§ 18-10.2.2(58) and 18-33.8(A), the Albemarle County Board of Supervisors hereby finds that the
proposed special use would:
1. not be a substantial detriment to adjacent parcels;
2, change the character of the adjacent parcels and the nearby area only minimally and until the
screening trees mature;
3. be in harmony with the purpose and intent of the Zoning Ordinance, with the uses permitted by
right in the Rural Areas district, and with the public health, safety, and general welfare (including
equity); and
4. be consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors
hereby approves SP 202100001 Midway Solar, subject to the conditions attached hereto.
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1, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to
zero, as recorded below, at a regular meeting held on June 16, 2021.
Clerk, Board of Cotmty Sul a visors
Ave j
Mr.
Gallaway
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Ms.
LaPisto-Kirtley
Y _
Ms.
Mallek
Y _
Ms.
McKee)
Y
Ms.
Palmer
Y _
Ms.
Price
Y
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SP202100001 Midway Solar Special Use Permit Conditions
Development and use must be in general accord (as determined by the Director of Planning and the
Zoning Administrator) with the plans prepared by Hewitt Solutions, PLLC titled "Central Virginia
Electric Cooperative Midway Solar Project," dated December 17, 2020 (hereinafter "Concept Plan")
and included as Attachment C. To be in general accord with the Concept Plan, development and use
must reflect the following major elements as shown on the Concept Plan:
a. Location of solar development envelopes,
b. Location of equipment yard, and
C. Retention of wooded vegetation in stream buffers
Land disturbance, which includes (but is not limited to): grading, excavation, filling of land, the
felling of names, and the removal of tree stumps, is limited to within the proposed fenced area shown
on the Concept Plan. The location of the entrance and access to the solar facility is not subject to
this condition.
Upon the approval of the Zoning Administrator and the Director of Planning, minor modifications
may be trade to the Concept Plan that (i) do not otherwise conflict with the elements listed above
and (ii) ensure compliance with the Zoning Ordinance, and State or Federal laws.
2. Landscaping and screening must be substantially the same (as determined by the Director of
Planning and the Zoning Administrator) as shown on the Concept Plan.
3. All inverters and solar panels must be set back at least one hundred (100) feet from property lines
and rights -of -way.
4. The applicant must submit a decommissioning and site rehabilitation plan (hereinafter
"Decommissioning Plan") with the building permit application. The Decommissioning Plan must
include the following items:
a. A description of any agreement (e.g. lease) with the landowners regarding decommissioning;
b. The identification of the party currently responsible for decommissioning;
C. The types of panels and material specifications being utilized at the site;
d. Standard procedures for removal of facilities and site rehabilitation, including recompacting
and reseeding;
e. An estimate of all costs for the removal and disposal of solar panels, structures, cabling,
electrical components, roads, fencing, and any other associated facilities above ground or up
to thirty-six (36) inches below grade or down to bedrock, whichever is less;
f. An estimate of all costs associated with rehabilitation of the site; and
g. Provisions to recycle materials to the maximum extent possible.
The Decommissioning Plan must be prepared by a third -party engineer and approved by both the
petty responsible for decommissioning and all landowners subject to the project. The
Decommissioning Plan is subject to review and approval by the County Attorney and County
Engineer, and must be in a form and style suitable for recordation in the office of the Circuit Court
Of the County of Albemarle.
5. Before a grading permit may be issued:
a. The Decommissioning Plan shall be recorded by the applicant in the office of the Circuit
Court of the County of Albemarle; and
b. To guarantee performance of Condition 8, the permittee shall furnish to the County's Zoning
Administrator a certified or official check, a bond with surety satisfactory to the County, or a
letter of credit satisfactory to the County (collectively, the "guarantee"), in an amount
sufficient for, and conditioned upon compliance with Condition 8. The amount of the
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guarantee shall be the costs identified in Conditions 4(e) and 4(f), and the amount of the
guarantee must be updated as costs are updated as provided in Condition 6. The type of
guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney,
6. The Decommissioning Plat and estimated costs must be updated upon (a) change of ownership of
either the property or the projeces owner or (b) written request from the Zoning Administrator, but in
any event at least once every five years. The applicant must record any changes or updates to the
Decommissioning Plan in the office of the Circuit Court of the County of Albemarle.
7. The owner must notify the Zoning Administrator in writing within 30 days of any abandonment or
discontinuance of the use.
8. All physical improvements, materials, and equipment (including fencing) related to solar energy
generation, both above ground and underground, must be removed entirely, and the site rehabilitated
as described in the Decommissioning Plan, within 180 days of any abandonment or discontinuance
of the use. Any piece(s) of any underground component(s) must be excavated to a depth of at least
36 inches below the ground surface.
9. If the use, structure, or activity for which this special use permit is issued is not commenced by June
16, 2024, the permit will be deemed abandoned and will thereupon terminate.
10. The facility must comply with all provisions of the Albemarle County Code, including § 18-4.14.
H. Panels may be cleaned only with water and biodegradable cleaning products.
12. No above ground wires are permitted except for those associated with (a) the panels and attached to
the panel support structure and (b) tying into the existing overhead transmission wires.
13. Before activating the site, the applicant must provide training to the Department of Fire Rescue.
This training must include documentation of onsite materials and equipment, proper firefighting and
lifesaving procedures, and material handling procedures.
14. The property owner must grant the Zoning Administrator (or any designees) access to the facility for
inspection purposes within 30 days of any such request.
15. Outdoor lighting for the facility is permitted only during maintenance periods. Regardless of the
lumens emitted, each outdoor luminaire must be fully shielded as required by County Code § 18-
4.17, except for any outdoor lighting required by state or federal law.
16. Plantings for screening must include either (a) a minimum of three species types from the Albemarle
County Recommended Plants List or (b) plantings as may be approved by the County's Agent.
Species must be dispersed throughout the site.
17. Except for passenger vehicles and small utility vehicles, construction/truck traffic may access this
property only fi•om the west and not from Batesville.
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